Terms & conditions
© 2019 Genesis Capital, LLC
© 2019 Goldman Sachs Bank USA. All rights reserved. Member FDIC
The communications contained on this website are limited to general information about the services provided by Genesis Capital, LLC and/or its affiliates (collectively, “Genesis Capital” or “Company” or “us” or “we”). By using this website, you are indicating your understanding, acceptance of and agreement to be bound by these Terms and Conditions of Use (the “Terms”). Please read them carefully before continuing to view the website. If you do not agree to our Terms, do not use this website. The information and materials contained on this website, and the terms, conditions, and descriptions that appear, are subject to change. We reserve the right at our sole and absolute discretion, to change, modify, add or remove portions of these Terms at any time and without notice to you but at times we may not promptly update or correct the website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. Any changes, modifications, or additions to, or deletions from these Terms shall be effective upon posting on this website. If you use this website after we post changes to the Terms, you accept the Terms as changed. At all times, you are bound by the then current version of these Terms and of all applicable laws. We suggest that you revisit these terms periodically for any amendments thereto.
The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which may subject us to any registration requirement within such jurisdiction. If you choose to access this website from a location other than the United States, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
The data compiled herein has been compiled by Genesis Capital and is based on internal/external sources and analytics, unaudited records, and may be subject to change. This is for informational purposes only and should not be relied upon. All information is obtained from sources believed to be accurate at time of production. While all information presented is believed to be accurate, it is prepared “without audit” unless otherwise identified. The information on this website is current as of the date or dates indicated, and Genesis Capital disclaims any duty or obligation either to update or supply any corrections to the information contained herein or to maintain the availability of such information. The information and expressions of opinion herein are subject to change without notice. Availability of data and services are subject to change without notice.
Due to the possibility of human or mechanical error as well as other factors, this information is provided “as is” without warranty of any kind and Genesis Capital makes no representation, express or implied, as to the accuracy, reliability, correctness, quality, completeness, or timeliness of this information, and is not responsible for any errors or omission contained herein or loss or damages arising out of its use, preparation or reliance thereon. All representations and warranties of any kind with respect to the information provided herein are hereby expressly disclaimed, including warranties of merchantability or fitness for a particular purpose, warranties that the information is error-free, warranties as to any results to be obtained by use of the information contained herein (including information derived therefrom), or any other implied warranties. You agree that your access to, and use of, this website and the content herein is at your risk. You agree, that in no event shall Genesis Capital be liable for any use, inability to use, decision made, action taken or inaction by any party in reliance upon the information contained herein, or for any inaccuracies, errors in or omissions from the information contained herein. Genesis Capital shall not be liable in contract, tort or otherwise for any damages (direct, indirect, incidental, special, consequential, punitive, exemplary or other) in connection with any use or inability to use the information contained herein, even if it has been apprised of the likelihood of such damages occurring. There are some jurisdictions that do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. Based on this conclusion, the liability of the Company is limited to the greatest extent permitted by law.
Estimates are subject to market conditions and may be subject to change. The information contained herein may make “forward-looking statements” by using forward-looking words such a “may,” “will,” “should,” “expects,” “believes,” “anticipates,” “estimates,” or others. You are cautioned that forward-looking statements are subject to a variety of uncertainties that could cause actual results to differ from the projected results. Because we cannot predict all factors that may affect future decisions, actions, events, policy decisions, or financial circumstances, what actually happens may be different than what is included in forward-looking statements.
Genesis Capital originates loans on behalf of Goldman Sachs Bank USA. All loans are issued by Goldman Sachs Bank USA, Salt Lake City Branch (“Lender”). Loans are for business purposes only and not for personal, family, or household use. This website is not intended to be a risk disclosure document and this website, and any terms contained herein, do not constitute an offer, acceptance, contract, or agreement for extension of credit or a commitment to lend. All loans must satisfy Genesis Capital and Lender’s underwriting guidelines and due diligence. Loan amount, interest rates and costs presented are for informational purposes only and are subject to change without notice and at the Company’s and/or Lender’s discretion until such time a definitive agreement is duly executed by Lender and Borrower (and any other applicable parties). Prior to obtaining a loan, borrowers must be provided applicable disclosure documents. Borrowers should have the financial ability and willingness to enter into a loan agreement and should consult their financial, tax and accounting advisors regarding the appropriateness of obtaining a loan. This document does not purport to address the financial objectives, situation or specific needs of any particular borrower. Other conditions may apply.
We expressly reserve the right to monitor all use of this website and the resultant information may be used by us for internal business purposes or in accordance with applicable laws. You agree that the Company reserves the right to terminate and/or block your use or access of this website for any reason without prior notice to you.
The content on this website is the property of Genesis Capital and is protected by copyright and other intellectual property laws. Trademarks, service marks and logos used on this website are registered and unregistered trademarks of the Company, subject to the laws of the United States and other countries worldwide. This website and its content may only be used for personal, noncommercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content to anyone, including but not limited to others in your company or organization, without our prior written consent. You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via these services only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Genesis Capital. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. Genesis Capital reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Genesis Capital or the third party providers from whom we have obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this website from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this website.
The Company makes no warranty whatsoever to you, express or implied, regarding the security of the website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. Genesis Capital does not warrant that this website, or the functions contained in this website, will be uninterrupted or error-free, that defects will be corrected, or that this website, or the servers that make it available, are free from viruses or other harmful components. As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the website or communicating with the Company through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider’s or the Company’s can experience unanticipated outages or slowdowns, or have capacity limitations.
This website may provide links to certain websites sponsored and maintained by third parties. Genesis Capital is in no way responsible for the content of any website, owned or operated by a third party, that may be linked to this website via hyperlink, whether such hyperlink is provided by us or by a third party. We make no representations concerning the content of such websites and do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. The fact that Genesis Capital has provided a link to a website does not constitute an endorsement, authorization, sponsorship, or affiliation by the Company with respect to the website, its owners, or its providers. Genesis Capital has not tested any information, software, or products found on any of the websites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the websites, or the suitability or appropriateness of the products or transactions described therein. The Company may provide, or third parties may provide, for your convenience and information only, links to other websites. Because the Company does not have control over these websites, you agree that the Company is not responsible for any liability resulting from the access or use of websites not owned by the Company and that the Company is not responsible for any content, advertising, product, or any other matter or issue, available through the Internet, whether linked to, or from, this website. Further, you agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of websites the Company does not own. The Company may provide you with access to third-party applications and services through this website. You agree not to modify, decompile or reverse engineer any such third party applications, or any code related to such third party applications. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THIS WEBSITE, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR YOUR REFERENCING, USING, ACCESSING, INABILITY TO USE OR ACCESS OR LINKING TO OR FROM THIS WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF.
Genesis Capital shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between Genesis Capital and you, regardless of whether the connection or communication service is provided by us or a third party service provider. Genesis Capital shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will Genesis Capital be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred or experienced or otherwise arise on account of you using the data or services made available on this website, even if we have been advised of the possibility of such damages. Genesis Capital will have no responsibility to inform you of any difficulties experienced by us or third parties with respect to the use of the services or to take any action in connection therewith.
Integrity Toll Free Reporting Hotlines: 1 (866) 520-4056 from any phone in the US, or 1 (917) 343-8026 from any phone globally.
Genesis Capital, LLC (“Genesis Capital” or “We,” “Us,” or “Our”) may obtain certain confidential or nonpublic information about you in the course of our business. We are committed to maintaining the confidentiality, integrity and security of such information and to respecting the privacy of our clients and associated persons, our employees, and other individuals whose personal information we collect and process.
The personal information we collect primarily comes from loan applications or other forms and materials submitted to Genesis Capital during the course of its relationships with potential borrowers. You are not required to supply any of the personal information that we may request. However, failure to do so may result in our being unable to provide services to you.
We may use your personal information to:
- Administer, operate, facilitate and manage your relationship and/or account with Genesis Capital. This may include sharing such information internally as well as disclosing it to third parties including our parent company, subsidiaries, or other companies under common control with us;
- Contact you or, if applicable, your designated representative(s) by post, telephone, electronic mail, facsimile, etc., in connection with your relationship and/or account;
- Provide you with information concerning products and services offered by Genesis Capital; and
- Facilitate our internal business operations, including assessing and managing risk and fulfilling our legal and regulatory requirements.
Genesis Capital does not disclose your personal information to third parties, except as described in this policy. Third party disclosures may include sharing such information with non-affiliated companies that perform support services for your account or facilitate your transactions with Genesis Capital, including those that provide professional, legal or accounting advice to Genesis Capital. Non-affiliated companies that assist Genesis Capital in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes that we dictate.
We may also disclose your personal information to fulfill your instructions, to protect or exercise our rights and interests and those of our business partners, or as part of a corporate transaction with a successor or affiliate or in connection with any acquisition, merger, or sale of equity or assets, or pursuant to your express consent. Under limited circumstances, your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations or as required by law enforcement officials; for instance, when responding to a subpoena, court order or similar legal process, to protect against fraud and unauthorized transactions and to otherwise cooperate with law enforcement or regulatory authorities.
Genesis Capital does not sell your personal information.
How You Can Protect Yourself
Beware Fraudulent E-Mails and Websites
“Phishing” is a rampant Internet scam that relies on “spoofed” e-mails, purportedly from well known firms, to lure individuals to fraudulent websites that look and feel like the well known firm’s website. At such websites, victims are asked to provide personal information about themselves, such as their name, address and credit card number. These fraudulent e-mails and websites may also try to install malicious software on your computer that monitors your activities and sends sensitive personal information (your passwords, for example) to a remote location. With that information, criminals can commit identity theft, credit card fraud and other crimes.
You can protect yourself by following these best practices when using the Internet:
- Be aware that e-mail is insecure and easy to forge. E-mail that appears to be from a friend or company you do business with may be fraudulent and designed to trick you into providing personal information about yourself or installing dangerous software.
- Do not respond to e-mails or pop-up messages that solicit your personal information: name, address, Social Security number, etc.
- Only access trusted websites that you found other than by clicking on a website address in an e-mail and then added to your browser’s bookmarks. Otherwise, manually type the address into your browser and then bookmark it. When you receive an e-mail, rather than clicking on a website address in the e-mail, which can bring you to a fraudulent website, use the bookmark to access that website.
If you receive an e-mail from Genesis Capital you are uncertain about, or which you believe to be fraudulent, please forward it to email@example.com. If you are a client of the firm, please notify your sales representative as well.
Personal Computer Security Tips
No security practice is foolproof. You can, however, help protect yourself by following these best practices to secure your personal computer:
- Install antivirus and anti-spyware software on your computer and make sure it is up to date with the most recent virus/spyware signatures.
- Make sure your computer is up to date with the most recent software patches. Patches are software updates that often address software vulnerabilities that phishing scams and viruses exploit.
- Install a firewall between your computer and the Internet. A firewall is software or hardware that acts as a buffer between your computer and the Internet that limits access to your computer and blocks communications from unauthorized sources.
Please contact the manufacturer of your computer for additional information and recommendations.
Glossary of Terms
- Phishing: Phishing attacks use ”spoofed” e-mails and fraudulent websites designed to fool recipients into divulging personal financial data such as credit card numbers, account usernames and passwords, Social Security numbers, etc. By hijacking the trusted brands of well-known banks, online retailers and credit card companies, phishers are able to convince up to 5% of recipients to respond to them.
- Firewall: A system designed to prevent unauthorized access to or from a private network. Firewalls can be implemented in both hardware and software, or a combination of both. Firewalls are frequently used to prevent unauthorized Internet users from accessing private networks connected to the Internet, especially intranets. All messages entering or leaving the intranet pass through the firewall, which examines each message and blocks those that do not meet the specified security criteria.
- Patch: Also called a service patch, a fix to a program bug. A patch is an actual piece of object code that is inserted into (patched into) an executable program. Patches typically are available as downloads over the Internet.
- Computer Virus: A program or piece of code that is loaded onto your computer without your knowledge and runs against your wishes. Viruses can also replicate themselves. All computer viruses are manmade. A simple virus that can make a copy of itself over and over again is relatively easy to produce. Even such a simple virus is dangerous because it will quickly use all available memory and bring the system to a halt. An even more dangerous type of virus is one capable of transmitting itself across networks and bypassing security systems.
- Antivirus Software: A utility that searches a hard disk for viruses and removes any that are found. Most antivirus programs include an auto-update feature that enables the program to download profiles of new viruses so that it can check for the new viruses as soon as they are discovered.
- URL:Abbreviation of Uniform Resource Locator, the global address of documents and other resources on the World Wide Web.
- Spoof: To fool. In networking, the term is used to describe a variety of ways in which hardware and software can be fooled. IP spoofing, for example, involves trickery that makes a message appear as if it came from an authorized IP address (the numerical identifier for a computer).
AGREEMENT AND CONSENT TO CONDUCT TRANSACTIONS ELECTRONICALLY
As part of your relationship with Genesis Capital, LLC and/or Goldman Sachs Bank U.S.A. and each of the foregoing’s respective affiliates (collectively, “we”, “us”, or the “Company”), we want to ensure you have all of the information you need to effectively transact business with us. If you choose to apply for a loan through us, we are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may instead provide this information to you electronically, with your prior consent or agreement. We also need your general agreement to use electronic records and signatures in our relationship with you. So, before you transact business with us electronically, you must review and consent to the terms of this Agreement. We will use the DocuSign, Inc. (“DocuSign”) electronic signing system to deliver communications and obtain your signature on documents electronically.
Please read the information below carefully before giving your consent to conduct transactions with us electronically. A copy of the most updated Agreement and Consent to Conduct Transaction Electronically and related disclosures is available for review on the Company’s website at https://www.genesiscapital.com/terms/.
Your Consent to Use Electronic Communications and Signatures
If you consent to the terms and procedures described in this Agreement, in our sole discretion we may provide to you electronically all notices, disclosures, authorizations, acknowledgements, and other documents that we are required by law or regulation to deliver to you in writing, or that we choose to send to you (“Communications”). We may also use electronic signatures and obtain them from you as part of our transactions with you. The term “transaction” means an action or set of actions relating to the conduct of business between you and us, including the financing, sale, lease, exchange, licensing, or other disposition of (i) any interest in real property, (ii) any interest in personal property, including fixtures, goods and intangibles, (iii) services, and (iv) any combination thereof.
We will refer to the Communications we provide to you, or that you sign or agree to at our request, in electronic form as “Electronic Records”. We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically.
Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.
Your consent will cover all Communications with the Company. Your consent will remain in effect until you give us notice that you are withdrawing it.
What are the Consequences if You do not Agree to Use Electronic Records?
If you do not want to use Electronic Records, it will slow the speed at which we can complete certain steps in transactions with you, and the speed at which we can deliver our services to you. This is because we will need first to send the required Communications to you in paper format, and in some instances, we must wait until we receive your acknowledgment of your receipt of the paper Communications. It also means we must coordinate with you the signing of certain Communications and loan documents.
How to Obtain Paper Copies of Electronic Records.
When you consent to the use of Electronic Records, we will generally not send you paper copies of the Electronic Records. However, you may obtain a paper copy by downloading and printing the Electronic Record:
- during and immediately after the signing session, and
- if you elect to create a DocuSign signer account, you may access an Electronic Record for a limited period of time (usually 30 days) after the Electronic Record is first sent to you.
You may also ask us to send you paper copies of Electronic Records by sending us an e-mail to firstname.lastname@example.org and in the body of the request you must state your e-mail address, full name, US Postal address, telephone number, and the Communication(s) you would like us to provide in paper form. You may also request paper copies by mail:
Vice President – Documents and Quality Control
15303 Ventura Blvd., Suite 700
Sherman Oaks, CA 91403
We will not charge you any fee for requesting paper copies.
Withdrawing Your Consent
If you initially decide to receive Communications from us electronically, you may change your mind at any time by informing us that you want to receive required Communications in the future only in paper format. We will not charge you any fees if you withdraw your consent. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
To inform us that you no longer want to use Electronic Records, you may:
- decline to sign a document during your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;
- send us an e-mail to email@example.com and in the body of that request you must state your e-mail address, full name, US Postal Address, and telephone number. We do not need any other information for you to withdraw your consent; or
iii. send us a letter that states your e-mail address, full name, US Postal Address, and telephone number to:
Vice President – Documents and Quality Control
15303 Ventura Blvd., Suite 700
Sherman Oaks, CA 91403
You Must Keep Your Email Address Current with Us:
You must designate an existing email address as the e-mail address of record. That e-mail address will be the only e-mail address to which we will send electronic Communications. If you change your e-mail address, you must provide your new e-mail address to us by contacting us as described in the section below captioned “How to Advise Us of Your New E-mail Address.”
How to Advise Us of Your New E-mail Address
It is your responsibility to maintain a current and active email address and notify the Company of any changes to it. To let us know of a change in your e-mail address where we send electronic Communications, you must send an email message to us from your current address of record at firstname.lastname@example.org and in the body of that request you must state: your previous e-mail address, and your new e-mail address. We do not require any other information from you to change your email address.
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system found here: https://support.docusign.com/guides/ndse-user-guide-change-your-email-address.
To Receive Electronic Records, You Must Have Access to the Following Hardware and Software:
You Must Acknowledge Your Access and Consent to Receive Communications Electronically – Your Electronic Signature is Legally Binding
** These minimum requirements are subject to change. A copy of the most updated Agreement and Consent to Conduct Transaction Electronically and related disclosures is available for review on the Company’s website at https://www.genesiscapital.com/terms/. Continuing to use our electronic services after the change is reaffirmation of your consent. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.
The format is similar to other Communications that we will deliver to you. To confirm to us that you can access this Agreement electronically, please verify by checking the “I agree” box below that you are able to read this Agreement and that you also are able to print on paper or electronically save this Agreement for your future reference and access, or that you are able to e-mail this Agreement to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to the use of Electronic Records on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below.
Also by checking the “I agree” box below, you agree that your electronic signature is the legally binding equivalent of your manual signature on documents and that all such documents are legally enforceable against you. You further agree that you will not, at any time in the future, repudiate the meaning of your electronic signature or claim that your electronic signature is not legally binding.
By checking the ‘I agree’ box, I confirm and agree that:
I can access and read this ELECTRONIC AGREEMENT AND CONSENT TO CONDUCT TRANSACTIONS ELECTRONICALLY and agree to its terms and conditions, I have the hardware and software described above, I am able to receive and review Electronic Records, and I have an active email account.